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1 City Council Work Session Virginia Paving Special Use Permit September 26, 2006 Briefing by Office of City Attorney Department of Planning and Zoning Department of Transportation and Environmental Services

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Page 1: Virginia Paving Special Use Permit September 26, 2006€¦ · Virginia Paving Special Use Permit September 26, 2006 ... Review and inspect every 6 months for ... Chromium Lead Halogens

1

City Council Work Session

Virginia Paving Special Use Permit

September 26, 2006

Briefing by Office of City Attorney Department of Planning and Zoning Department of Transportation and Environmental Services

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2

I-495

Cameron Station

Backlick Run

S. V

an D

orn

Stre

et

Site

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Background

Office of City Attorney

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BACKGROUND

Plant has been in operation at present site since 1960Current Permits:

State Operating Permit (Feb 17, 2005)

State Stormwater Discharge Permit(Jul 01, 2004)

City Special Use Permit (Feb 10, 1960)

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BACKGROUND

City Special Use Permit (Feb 10, 1960)

“That no operation of this plant requiring exit or entrance of vehicles be permitted after hours of darkness or during inclement weather or on Sundays or holidays.”

Not an issue early on – night-time paving not prevalent at time plant was permitted and for many years thereafter.

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BACKGROUND

City Special Use Permit (Feb 10, 1960)

Paving practices changed - populations became more dense, traffic increased, paving technology changed and night-time paving became the preferred method

City did not enforce prohibition on night-time vehicular traffic – no complaints, plus no awareness of prohibition at time practices changed.

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BACKGROUND

SUP Enforcement by the City

Historically complaint-driven – very few complaints regarding plant prior to 2000

Current practice - City has changed Special Use Permit enforcement generally. Every site with an SUP will be reviewed for compliance at least once every three years, whether complaints are received or not

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BACKGROUND

Complaints/Concerns

After 2000, City began to receive more complaints in general vicinity of plant

Primarily odor complaints, not attributed to paving plant specifically

As time passed, the City also began to receive other complaints about soot, noise, smoke and air quality – again not specific to paving plant

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BACKGROUND

Complaints/Concerns

Communicated concerns to plant in October of 2004: water quality, fire code and other items, as well as 1960 SUP issues regarding night-time operations and settling basins.

Began to work with plant to correct code violations

Plant applied for amendment to its SUP in March 2005 to allow for night time vehicular traffic.

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BACKGROUND

June 2005 and June 2006 - City Council allows limited night-time vehicular traffic to plant for:

Specific City paving projects

Specific Woodrow Wilson Bridge paving

Emergency work

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BACKGROUND

Specific Community Concerns

Air Quality/Emissions – Is this “another Mirant?”

Noise

Traffic/Trucks

Water Quality

Proximity of plant to school/park

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BACKGROUND

18-month process during which City has:

Collected and shared information with applicant and communities closest to plant

Consulted with scientific experts

Researched and benchmarked with other jurisdictions

Formulated and negotiated with applicant and community proposed SUP conditions to reasonably address City’s and community’s concerns

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BACKGROUND

Large amount of work by numerous City departments to ensure fair, balanced process for both residents and applicant.

Proposed amended SUP terms give City far more control, particularly over air quality, than it would otherwise be entitled to under state and federal law.

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14

VIRGINIA PAVING SUP

Alternative is to go back to terms of 1960 SUP:

some storm water controls would be addednight time vehicular activity would stop

No extensive environmental controls as negotiated with the plant in the context of an amended SUP

Return to 1960 SUP terms would be a net loss for the City

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15

Planning Issues

Department of Planning and Zoning

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Enforcement and Land Use Policy

SUP Enforcement--Generally

Changed from complaint-based to proactive in 2005All SUPs now inspected every three yearsHierarchy of Enforcement:NoticeFinesHearingRevocation

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SUP Enforcement—Virginia Paving

Frequency of Inspections

Review and inspect every 6 months for the first 2 years and then annually thereafter

Targeted inspections to insure compliance with/implementation of date specific conditions

Inspections conducted in response to complaints

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Penalties for Noncompliance with SpecificConditions

Failure to comply with specific air quality conditions shall result in cessation of all night-time exit and entrance of vehicles from site; and

The SUP will be docketed for review and action by City Council within 30 days.

SUP Enforcement—Virginia Paving

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Community Outreach

Designation of Va Paving employee as compliance officer with name and phone number provided to City and community

Regularly scheduled meetings, at least once every 6 months, to discuss operations

SUP Enforcement—Virginia Paving

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20

Long-Range Planning for West End

Industrial land use and zoning historically in and around area of asphalt plant

Current planning effort underway for Landmark/Van Dorn area calls for retention of industrial uses

Planning for Eisenhower West area, to commence in 2007, will consider land use policies for industrially zoned uses in and around asphalt plant

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21

Environmental Issues

Department of Transportation and Environmental Services

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Suggested Change to Conditions 25 & 28

We suggest that condition 28 remain as written, with the following added:

In particular, since the 24-hr. standard for the PM2.5 NAAQS has been revised from 65 ug/m3 to 35 ug/m3 (determined as the 98th percentile of three years of valid data), although thisNAAQS is not enforceable by EPA until the year 2015, the following conditions shall apply:

The City shall continue operating the PM10 monitor at Samuel Tucker School until three years of valid data have been collected.The City shall determine the 98th percentile of these data, per the NAAQS, and then multiply that value by 70%, to impute a 98th percentile value for PM2.5.If the imputed value exceeds 35 ug/m3, then the City reserves the right to require VA Paving to demonstrate that the facility is not causing this imputed exceedance.

We also suggest that Condition 25 be modified to add PM 2.5 to the list of emissions for which stack tests are required

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BACKGROUND

Air Monitoring at Cameron Station1991 through 1996No violations of TSP & PM-10 standardsNo metals detected in samples (Cd, Hg)

Comprehensive InspectionInspection done in Aug/Sep 2004City Attorney’s letter to VA Paving in Oct 2004Findings / Violations of current SUP

Nighttime OperationsLack of Settling Basin

Extensive environmental testing at the time of base closure

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28

Environmental Issues & Concerns

Raised by community since 2000Air Quality

EmissionsFugitive PM (dust)Ambient Impacts

OdorsNoiseLightingStormwater

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29

Environmental Review & Analysis

City’s Review / AnalysisEvaluated baseline emissionsPerformed dispersion modelingResearched stringent controls & best management practicesNegotiated the proposed SUP that goes beyond all current permits

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30

AIR QUALITY

Permitting ProcessVirginia DEQ has primary responsibilityClassified as Minor Source (< 100 tons/yr)

No modeling required for criteria or toxic pollutantsNo stack testing requiredNo ambient monitoring required

Burning of oil & recycled oil allowedCity’s Role: Local Ordinance, Special Use Permit

Other StatesStringent Controls (e.g., California)70-90% of asphalt plants burn Natural Gas

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31

AIR QUALITY - Emissions

Point Sources (NOx, CO, VOC, PM-10, PM-2.5, SO2)

Two Drum DryersTwo Asphalt HeatersLime Silo

Fugitive Sources (PM-10, PM-2.5)

RAP CrusherAggregate Handling (e.g., storage piles)

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AIR QUALITY - Emissions

SO2NOx

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

Tons

per

Yea

r

Emissions Comparison

PRGS

WTE

VPC

PM-10CO

VOC

0

100

200

300

400

500

600

700

Tons

per

Yea

r

Emissions Comparison

PRGS

WTE

VPC

SO2 NOx PM-10 CO VOCMirant PRGS 15,138.6 5,749.7 605.8 256.8 36.3Covanta WTE 206.0 830.0 106.0 145.5 9.1VA Paving 52.3 21.9 18.1 77.5 2.0

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AIR QUALITY - Modeling

Criteria pollutants modeledPM-10, PM-2.5NOx, CO, SO2

PbHazardous air pollutants modeled

VOC – acetaldehyde, acrolein, benzene,

1,3-butadiene, formaldehyde, quinone

PM –lead

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AIR QUALITY - Modeling

Pollutant Averaging

Period

Monitored Background

Concentration (µg/m3)

City’s Baseline Scenario (µg/m3)

City’s SUP Scenario (µg/m3)

VA Paving’s SUP

Scenario (µg/m3)

NAAQS (µg/m3)

CRITERIA POLLUTANTS

24-Hour 43 346 124 102 150 PM-10

Annual 19 35 30 25 50

24-Hour 35 125 58 68 65 PM-2.5

Annual 13 18 16 16 15

NOx Annual 45 74 63 54 100

1-Hour 4,580 7,467 5,817 5,202 40,000 CO

8-Hour 3,206 4,820 3,887 3,668 10,000

3-Hour 238 2,508 1,392 534 1,300

24-Hour 60 648 326 194 365 SO2

Annual 16 58 56 54 80

Lead Quarter 0.013 0.040 0.030 0.015 1.5

EPA has announced a new PM2.5 24 hr standard of 35 ug/m3 with 2015 attainment date

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AIR QUALITY - Modeling

Pollutant Averaging

Period

City’s SUP

Scenario (µg/m3)

VA Paving’s

SUP Scenario (µg/m3)

SAAC (µg/m3)

HAZARDOUS AIR POLLUTANTS

1-Hour 0.1 n/a 7.5 Lead

Annual 0.007 n/a 0.3 1-Hour 22.6 14.6 62.5

FormaldehydeAnnual 1.7 0.21 2.4 1-Hour 0.2 n/a 17.3

Acrolein Annual 0.02 n/a 0.46 1-Hour 0.09 n/a 1,100

1,3 Butadiene Annual 0.004 n/a 44 1-Hour 2.9 n/a 1,600

Benzene Annual 0.2 n/a 64 1-Hour 9.3 n/a 6,750

Acetaldehyde Annual 0.7 n/a 360 1-Hour 9.1 0.73 22

Quinone Annual 0.7 0.01 0.8

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New SUP – Limiting Operation

Production Cap900,000 tons/year until all new controls in place10,000 tons/day, 1,000 tons/hour

Hot Oil HeatersOnly one heater can operate at a timeOnly burn No. 2 oil (100,000 gallons/year)

Limited operation at night

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New SUP – Limiting Emissions

Blue Smoke Control (asphalt conveyor, loadout)

Low-NOx burners on dryersPM limit of 0.03 gr/dscf for baghouses0.05% sulfur in No. 2 oilLower constituent limits on recycled oilOther controls

Diesel engines - particle trapsAsphalt storage - condensers/filtersRAP Crusher – 80% PM control, 10% opacity

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New SUP – Limiting Impacts

Increase dryer stack height to 20 m

Increase hot oil heater stack height to 6 m

Only No. 2 oil in dryers during air quality action days

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New SUP – New Source Testing

PM test for baghouses, initially every 2 years

PM-10

NOx, SO2, CO test every five yearsBlue Smoke test upon installation

Demonstrate 99% control efficiency for particulate matter (PM-2.5 and PM-10)

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New SUP - BMPs

Best Management PracticesFrequent water spraying, vacuum sweepingPave eastern end of plantWater sprays on transfer pointsEnclosed conveyorsWetting or chemical suppressant for storage piles

Inspection and Recordkeeping for all BMPs

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41

ODOR

Liquid asphalt/asphalt product causes odorResident complaints since 2000New SUP requires:

Blue Smoke Control (asphalt transfer points, loadouts and silos)

Condensers & filters (asphalt storage)

Must prevent odor from leaving property

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42

New SUP – Lower Limits

Parameter State Limit SUP Limit 1,500,000 tons/year 1,200,000 tons/year No daily limit 10,000 tons/day Production No day/night restriction Only one dryer at night

Hot Oil Heater No. 2 & recycled oil No. 2 oil only No. 2 Oil 0.5% sulfur 0.05% sulfur Recycled Oil

SulfurArsenic

CadmiumChromium

LeadHalogens

PCB

0.5% 5 ppm 2 ppm 10 ppm 100 ppm

1,000 ppm 49 ppm

0.5% 3 ppm 2 ppm 7 ppm 50 ppm

1,000 ppm 2 ppm

Baghouse PM 0.04 gr/dscf 0.03 gr/dscf RAP Crusher Opacity 15% 10%

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43

AIR QUALITY – New Monitoring

City installed new PM10 monitorPermanent PM monitorLocation of new monitor based on:

ModelingAreas of concern (schools, residences, etc.)In consultation with community’s consultant & Virginia DEQ

Purpose of monitoring is to ensure compliance

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AIR QUALITY – New Monitoring Data

PM-10 24-hr Average Concentrations

0

20

40

60

80

100

120

140

160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

Sample No.

PM-1

0 (u

g/m

3)

Boothe Park (2004)Brenman Park (2004)Tucker School (2006)NAAQS

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NOISE

Sources of noise:Railroad delivery & unloadingTrucks (backup alarms, tailgate banging)

Aggregate handling equipmentRAP crusherIntercom speakers

Resident complaints regarding noise at night

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NOISE

New SUP requires:Must meet City’s Noise Control CodeNo amplified sound audible at property lineRail delivery/unloading during daytime onlyRAP crusher limited to daytime onlyMinimize truck backup alarms

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NOISE

New SUP requires:No tailgate banging (install signs)

No engine brakes on site (install signs)

Night operation limited to 1 dryer, 1 skid steer, 1 mobile crane, and trucks only as needed

City to review noise abatement measuresMay require a sound barrier

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LIGHT

Lighting issues:Nighttime operationBright area lights

New SUP requires:Adjust lights to eliminate glare (point downward)Only operate lights required for operation

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49

New SUP – Water Issues

Stormwater Management FacilityLocated on siteDesign to be approved by CityVA Paving to follow O&M proceduresCity-approved maintenance contract

Asphalt pile pulled back from streamVA Paving to stabilize stream bankVegetative buffer on West Park

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Stormwater BMPs Concept Plan

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VIRGINIA PAVING SUP

Alternative is to go back to terms of 1960 SUP:

some storm water controls would be addednight time vehicular activity would stop

No extensive environmental controls as negotiated with the plant in the context of an amended SUP

Return to 1960 SUP terms would be a net loss for the City